In relation to a condominium unit with a registered right of site (meaning a building for which a right of site for a condominium unit is registered; the same applies in Article 73, paragraphs (1) and (3), Article 74, paragraph (2), and Article 76, paragraph (1)) for which a specified registration is made (meaning a registration of a right other than a registration of ownership, etc., which has the effect as a registration made relating to a right of site pursuant to the provisions of Article 73, paragraph (1); hereinafter the same applies in this Article), when a registrar makes a registration of change of the registered right of site on the grounds that it has become possible to dispose of a right to use the site referred to in Article 44, paragraph (1), item (ix) separately from the proprietary elements owned by the unit owner, if they are provided, in addition to the application information regarding the registration of change, with information certifying that the registered holder of the right pertaining to the specified registration (when the specified registration is a registration of a mortgage and mortgage securities have been issued, including the holder or endorser of the mortgage securities) has consented to have the right pertaining to the specified registration be extinguished for the relevant condominium unit after the registration of change is made, or for the land on which the registered right of site existed (when a registration is made concerning a third party's right established over the right pertaining to the specified registration, limited to the cases in which the information certifying that the third party has given consent is provided together), they must make a registration to the effect that the right pertaining to the specified registration has been extinguished in relation to the condominium unit or land for which the consent has been given, as provided for by Ministry of Justice Order.
登記官は、敷地権付き区分建物（区分建物に関する敷地権の登記がある建物をいう。第七十三条第一項及び第三項、第七十四条第二項並びに第七十六条第一項において同じ。）のうち特定登記（所有権等の登記以外の権利に関する登記であって、第七十三条第一項の規定により敷地権についてされた登記としての効力を有するものをいう。以下この条において同じ。）があるものについて、第四十四条第一項第九号の敷地利用権が区分所有者の有する専有部分と分離して処分することができるものとなったことにより敷地権の変更の登記をする場合において、当該変更の登記の申請情報と併せて特定登記に係る権利の登記名義人（当該特定登記が抵当権の登記である場合において、抵当証券が発行されているときは、当該抵当証券の所持人又は裏書人を含む。）が当該変更の登記後の当該建物又は当該敷地権の目的であった土地について当該特定登記に係る権利を消滅させることを承諾したことを証する情報が提供されたとき（当該特定登記に係る権利を目的とする第三者の権利に関する登記がある場合にあっては、当該第三者が承諾したことを証する情報が併せて提供されたときに限る。）は、法務省令で定めるところにより、当該承諾に係る建物又は土地について当該特定登記に係る権利が消滅した旨を登記しなければならない。
The provisions of the preceding paragraph apply mutatis mutandis to a registration of correction of the heading section relating to a condominium unit for which a specified registration is made which is to be made by reason of the non-existence of a right of site. In this case, the phrase "a registration of change of the registered right of site on the grounds that it has become possible to dispose of a right to use the site referred to in Article 44, paragraph (1), item (ix) separately from the proprietary elements owned by the unit owner" in the same paragraph is to be deemed to be replaced with "a registration of correction of the heading section by reason of the non-existence of a right of site," and the phrase "the registration of change" in the same paragraph is to be deemed to be replaced with "the registration of correction."
The provisions of paragraph (1) apply mutatis mutandis to a registration, etc. by reason of combination or registration of merger of buildings when a condominium unit for which a specified registration is made becomes a condominium unit without a right of site as a result of its combination or merger with another building. In this case, the phrase "a registration of change of the registered right of site on the grounds that it has become possible to dispose of a right to use the site referred to in Article 44, paragraph (1), item (ix) separately from the proprietary elements owned by the unit owner" in the same paragraph is to be deemed to be replaced with "makes a registration, etc. by reason of combination or registration of merger of buildings when the condominium unit becomes a condominium unit without a right of site as a result of its combination or merger with another building," and the phrase "the registration of change" in the same paragraph is to be deemed to be replaced with "the registration, etc. by reason of combination or the registration of merger of the buildings."
The provisions of paragraph (1) apply mutatis mutandis to a registration of loss of a condominium unit for which a specified registration is made. In this case, in the same paragraph, the phrase "a registration of change of the registered right of site on the grounds that it has become possible to dispose of a right to use the site referred to in Article 44, paragraph (1), item (ix) separately from the proprietary elements owned by the unit owner" is to be deemed to be replaced with "makes a registration of loss of the condominium unit," the phrase "the registration of change" is to be deemed to be replaced with "the registration of loss of the condominium unit," the phrase "the condominium unit or the land on which the registered right of site existed" is to be deemed to be replaced with "the land on which the registered right of site existed," and the phrase "the condominium unit or land for which the consent has been given" is to be deemed to be replaced with "the land."